IDENTIX INC. 2 -2001 - Laserfiche WebLink

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.,. I;\;DFPETmr(NT' CONTRACTOR Consultant shall, during the entire tCII11 of this Agl"Cel11cnt, be conctntcc! to be ai: independent cont/:II:1Or and not an crnployee of Ute City. 'Ibis A,,:rcr:rrlcnt is not intended nOI shall it be eonst/ued to create an ell1pi.)ycr-employcc rclationshlP, a toint venture !clationship, or to a!low the City to exercise discretion 01 control over the prufessi..)I,almanller ill whieh Consnltant perJelnns the services wh;, h arc the subject matter orthi" Agreemcnt; however, the services to bc provided by Con;ultlil1 sklll hc provided in a milt1l\cr COllsistcnt with ;1\1 applicable standards 'llId regulations !'Ohllling such services. Consultant shall pay all salaries and wages, employer's socia) secmily taxes, unemployment insurance ilnd similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undel1aking performance ofwark under this Agreement, Consultant shaIl maintain and sh,1I1 require its subcontractors, if any, to obtain and maintain insurance ae; described below: a. Commacial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, cmployees, agents, volunteers and representatives as additional insured(s) and shaIl include, but not be limited to protection against claims arising from bodily and pcrsonal injury, including death rcsulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations m the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insurcd endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1 ,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non-owned automobiles. e. Worker's Compcnsation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architcct or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2